Opponents of Hawaii Dairy Farm have succeeded not only in setting back that project, but dealing a serious blow to future livestock projects in the Islands.
In response to a motion for summary judgement filed by Kawailoa (Grand Hyatt) attorneys, a circuit court judge ruled yesterday that the dairy's effluent ponds qualify as wastewater treatment plants under HRS 343, and thus require the completion of an EIS before any permits can be issued.
So now the dairy is back to square one. And though this pilot project, bankrolled by billionaire Pierre Omidyar's Ulupono Initiative, can afford to finish the EIS it already started — when it still thought the process was voluntary — it sets a chilling precedent for future animal agriculture.
But HDF plans to appeal the ruling, according to a statement from spokeswoman Amy Hennessey, “because this dangerous precedent cannot stand if Hawaii hopes to spur new agricultural projects to meet its goal of providing more local food for our island community.”
Come on, Amy. Doncha know people are just saying they want more local food? But when it comes right down to it, not in their back yard. They'll take the stuff brought in by Costco, thank you very much.
Meanwhile, as Hawaii News Now reported recently:
The Department of Health says high levels of a harmful bacteria called Clostridium Perfringens -- an indicator of human and animal wastes -- were found during recent water testing in Waikomo Stream on Kauai's South Shore. The department says there are 1,600 cesspools and 120 injection wells in the Poipu area, and some of them are overflowing and polluting the stream.
But no, human beings and tourism aren't causing any pollution problems on the southside. Just agriculture. Funny how Surfrider and Bridget Hammerquist of Friends of Mahauelpu had nothing to say about this particular stream pollution, since it doesn't grind their anti-dairy ax.
Speaking of which, Earthjustice attorney Paul Achitoff is now calling for Hawaii's congressional delegation to initiate an investigation into Wespac's “senior leadership,” claiming it's “unlawfully lobbying the Trump Administration” and taking advantage of an "anti-environmental president."
As Achitoff fumed on Hawaii News Now:
“That's not Wespac's job. It's not their authority. Frankly, it's just not legal. They're not here to advise the President or anybody else on what the provisions of the monument should be."
Yes, only Earthjustice and Sierra Club have that right.
Funny, how Achitoff has no problem with illegal lobbying conducted by his friends in the anti-GMO movement. Nor did he say a peep about the questionable funding and lobbying activities that led to the recent expansion of the monument.
And though I'm not a well-paid attorney, like Achitoff, I'm pretty sure that Wespac, as the fishing council for the West Pacific, has every right to make recommendations to NOAA and National Marine Fisheries Services.
Meanwhile, Oregon is setting a good example for strict enforcement of pesticide rules. As Capital Press reported:
The Oregon Liquor Control Commission issued its first recall of recreational marijuana after testing of a brand sold at a Mapleton, Ore., store showed it contained a level of pesticide residue that exceeds the state limit.
The OLCC , which oversees retail sales of recreational cannabis, said samples of Blue Magoo marijuana failed a test for pyrethin levels. Pyrethins are a mixture of six chemicals that are toxic to insects, according to the National Pesticide Information Center based at Oregon State University. Pyrethins are found in some chrysanthemum flowers, and in some cases can be used on organic products.
OMG! There's an organic pesticide? And it's “toxic?” You know what they say, if it kills insects, what will it do to us? And they're drenching pot with this stuff? Is nothing sacred?
The article continues:
The mistake might qualify as a violation under Oregon administrative rules, Pettinger said. Failure to keep proper records is a Class III violation; the first offense is punishable by up to 10 days of business closure and a $1,650 fine. Four violations within a two-year period can lead to license revocation.
Shoots, if this had happened in Hawaii, they'd be calling the EPA and demanding a civil rights investigation into this blatant violation of human rights by the dirty pesticide pushers.
Where's Earthjustic when you need 'em?
We need a stinky dairy on south side. Where is money coming from? Tourism? No way, no nice hotels or visitor accommodation on the south side. Nothing going on. We NEED a dairy. Antis are against it so it must be good. So glad we have Joan to set everyone straight. We need this dairy, cow milk is so healthy for humans. I'm lactose intolerant but will happily drink some milk and support this magnificent dairy.
I call that BS and double down by saying look for yourselves. Kauai has more cattle than its ever had in its history. Chicken, fish, and wild boars and these turkeys want to spin the scare tactic.
Check this out on the proposed north shore by diary owner/eBay and his greedy pal Stone:
80-unit luxury hotel planned; boating limits may be lifted
Allan Parachini - Special to The Garden Island Updated: Yesterday
HANALEI — A perfect storm is about to strike Hanalei, but it’s neither a hurricane nor a tsunami.
Yep, decades and decades of of a way of life has created a scenario where Waikomo stream is flushing pollution into the ocean. That's surely no reason to make certain that large pools of animal effluent don't do the same. What's good for the goose is good for the gander, right ? Or would that be good for the cow is good for the bull(shit).
The decision deals a blow only to livestock projects that include wastewater treatment units as defined by the Hawaii Administrative Rules under chapter 343. And under the law, those are required to complete the environmental assessment process anyway. So it's the Hawaii Environmental Protection Act that dealt the blow. The court just enforced the law. Also, it's not that much of a setback. The court didn't grant the injunction asked for. It just required HDF and the dept of health to follow the law. As soon as the environmental process is finished the project can move ahead. There's no way HDF is going to appeal. They will in construction long before any decision would come down.
The Cattle are coming. Keep the Cow out. Bring in the Cattle. Shit is shit. There are Cattle popping out all over Koloa. What is the main difference in Cattle shit or Cow shit. Their shit is safer than human shit. There went the injection well theory.............
There is pollution even before the dairy is even built. So if the dairy is not built the stream will still get polluted when it rains. So has anyone come up with a solution to stop the pollution now or its ok to be polluted so long the dairy is not built? I want to hear the solutions.
Thanks a lot Pierre Omidyar and your anti-GMO, anti-conventional farming Ulupono Initiative. Setting an absurd precedent that will further impede ag in Hawaii.
Do ya think that your obvious and incessant pandering to the fringe yardener/antis has backfired?
I have two reasons to oppose the dairy. One is that it would sit right next to the largest economic driver on the island - Poipu. All it takes is a few Trip Advisor posts saying "Poipu is nice but smells like a barnyard". With trade winds Poipu will smell like a barnyard. Second is that with a strong enough rain all that poop goes in the ocean. Effluent ponds will not stop that.
Do you know or do you care....there are many homeless living along that stream near Mahalephu...which could be polluting the stream and the ocean....
It's just so strange that Civil Beat continues to ignore the Hawaii Dairy Farms drama. Nothing to see here, folks. Move along.
@9:37 Where? I frequent that area and I haven't seen any homeless camps down there.
Nick @ 9:25 How are you so sure it will stink? This is not your typical lot fed dairy. Do you know what was on that land before the dairy got started? Cows! Hundreds of them. On a smaller acreage that the dairy will be on.
So what does Kawailoa do with their waste stream? Injection it into the Aina and send it to Kekaha. If I had an anti mindset (off my rocker) and looked at this from the other side, you can argue that since the Hyatt is a high-end resort that mostly "well off" people can afford, they would have great health care coverage, pumping themselves full of all sorts of medications to keep them chugging along. Correct me if I am wrong but these medications that pass through the body and out of the human waste stream cannot be treated/removed from the effluent by conventional wastewater systems, which brings it back to sentence #2. Ohh shit, literally, Bridget, Eileen and Makoto and the rest of the band of heifers and brahmas, you fall into this well off category. What prescriptions are you taking? Everyone's shit stinks don't make like yours smells like roses. Sustainability = go jump off a cliff.
@ Nick - when it rains strong enough everything including your poop floats into the ocean via the same streams you moron, its an island. As for your economic driver theory, you must be a nimby transplant because as I remember many locals opposed the Hyatt development, but now the Hyatt is cool right since it is an economic driver?! Forkin Bozo, maybe you should petition the planning commission to allow Grove to rezone all that land to resort then we really could get cooking with the economic driving.
@ 9:47 pm
Why so mad?
Can't you make your point without calling someone a moron or bozo?
The impact of Ag on its neighbor is naught. Ag is AG.
When Ventura changed the Takenaka/Hyatt from Ag to Urban...everyone knew that everything left was still Ag.
Sugar burned etc. The old neighborhood at Poipu understood the link between Ag and Homes. Kauai was an Ag island.
Sans Sugar, we now think that Ag is not to be used as Ag?
Hyatt gambled. Hyatt won.
Kauai will lose. If GF gets tough and pulls out all of the IAG lands based on the Court's BS opinion that cows are special....All of GF Makai lands could be up as Ag estates and even LUC changes to urban.
Gillens Homestyle Coffee Caf'e and T-Shirt Shoppe on the way.
Seems like the Planners in LIhue have struck a note....change Kauai into Beverly Glen.
Ag is Ag. We are from Ag. Leave Ag alone. Moo poo or No moo poo. Ag is AG.
I would have said f..king idiot. Makes me feel better then calling him f..king "sir". Tell it like it is...... I wanted the dairy, just to see if the things they talked about the dairy were true or not. Like all "antis", don't believe in anything your hear from them. They are similar to people like Adolf Hitler.
Thanks for that last post 7:05 AM, you've proved me right, YOU are the moron.
@ 9:47pm and @ 7:05am
"Better to remain silent and be thought a fool than to speak and to remove all doubt".
You are probably the same person who complained in an earlier post (couple of days ago)about racism (and its context)but in the same breath called me a dumb haole.
Yes I am a moron to you. But the thing is who the f..k are you. All you do is troll all day with nothing to share that is worthwhile. You just criticize all day. I take it you are single and lonely.
Important Ag lands or not, they are still zoned agriculture and CANNOT be developed for housing without first changing the Kauai General Plan, and then obtaining State Land Use changes - a process that takes decades and a process which people will fight every step of the way. GF sucks wind. Karma is a bitch.
Just a thought. Maybe the real intention behind ALL of this dairy, AG, opposition is to change the zoning to resort, so he can build what he really wants there..... more high end tourist accommodations.... Why would he want a dairy???
I think you need to look at the maps of the area. Only a portion of the land is in the IAL designation- not all. The remainder is just plain old ag, and not locked up in perpetuity. In fact, GF might even be able to walk back its voluntary waiver of up-zoning entitlements associated with its IAL designations and develop in the area. How's that for Karma?
This blog comment section has become wanna be Hawaiians arguing with just off the jet haoles
Jeff stone is our boy! He is so forthcoming and honest. He has nothing but locals best interests at heart. This selfless man has foregone hanging out in one of his luxury resorts rolling in piles of hundred dollar bills. He is using that money to beautify the now barren ridge line. Surfing at hanalei I always long to see some shitty Hawaiian cottages rented to visitors above the ocean. This manns bringing more tourists, which means more money for everyone. What? You didn't get your tourist money check in the mail this month? I thought the more tourists there are the more money we make? I got mine last week, it was 10 grand. Jeff stone, thank you for looking out for all us little people. We love you and will grovel at your feet, you are our God!
Did the DOH ever conclude what the source of contamination of Waiopili Stream (by Gillens) was from?
Pretty easy to insult someone anonymously isn't it?
Why would Grove Farm be going through all this subterfuge to build a resort in Mahaulepu valley, which they voluntarily designated IAL, when they haven't built a resort at Mahaulepu beach, which is ALREADY ZONED FOR A RESORT. I swear you people with your conspiracy theories are just insane.
March 23, 2017 at 7:54 AM
Nope. An Ag SubD has some hurdles, but the LUC is not one of them.
500 acres of former Cow Pie City could be 100 Ag home sites with one private road. Each cpr lot would be worth one million. Probably a 2 year walk, from start to finish. The rules and laws are in place
Add it up.
GF is our friend.
They have the ability NOW to do moocho houses. Wailani and Waillani2 etc. Everything at Kipu is wide open. Wailua...maybe 4000 acres up by the Falls.
Be kind to GF. They can sell out this island in 5 years.
Private estate road thru the tunnel......etc
Remember GF was here with the Alii, before Territory Statehood etc. They have a long view.
But push too hard...GF can be a buildin' that would make LAs Vegas look like tiny town.
They control all water, roads etc for all Kauai Southside expansion. GF has the water and land - GF is King. Crown or not...GF is Lihue's KING.
7:54 yep. kill ag so we can develop. have the realtor's make their $$$. exactly what those NS realtors wanted all along. the big picture coming out for the near sighted people.
that's what Ms. Joan's been saying all along. kill ag, so more estates can be developed.
Hey, but it's ok. all of you fear people keep on selling ag is bad. it's all good. But don't forget. more population more pollution. don't human shit yourselves!!!
Have a great weekend!!!
Well, it looks like Trump is already a lame-duck president. He's blaming the Democrats for his stupid push of repeal and replace of Obamacare. The ACHA "replacement" would have shoved 24 Million off of Insurance coverage. Just letting Obamacare fail (which would be because of Marco Rubio's repeal of the risk corridors) would not of caused that much of a loss.
Oh, I know, let's invade Syria!
Why so secretive?
KPD chief claim discussed in executive session
The Garden Island | Posted 13 hours ago
LIHUE — A claim filed by Kauai Police Department Chief Darryl Perry was discussed in executive session during the Kauai County Council meeting Wednesday.
“The Office of the County Attorney requests an executive session with the council, to provide council with a briefing and request authority for a possible settlement proposal in a claim filed by Darryl D. Perry, Chief of Police, and related matters,” the agenda item states.
No other information was available.
The chief is going to walk away with a million bucks because Mayor Bernard acted like an idiot and thought he was king when he removed him from office. We taxpayer's should demand Bernaed repay the cost of the settlement or withhold his remaining salary till his term as Mayor is over.
It's tax payers money and they'll do what they want to. It's not their money so who cares.
No, you've got it wrong. The chief is not greedy, and although he could very well sue the County for what he and his family went through and the wrong that was done, all he asked for is to be paid back his attorney's fees. He didn't ask to be paid for interest on the money spent, being suspended for no reason, mental pain and suffering, retaliation, discrimination, and defamation. And the amount was less than an average 10 year old used car. The county and mayor came away cheap, because that's the kind of person the chief is. How do I know all of this? I simply asked him; something the Garden Island didn't bother to do. There's no secrecy here, just irresponsible reporting.
Personnel issues by law must be talked about in private, sorry the council cannot discuss personnel issues in a public forum.
Jesussss, can you guys do your homework. The parcel by the beach is not in the IAL designated area. Resort development can still happen there. But if we allow to build the dairy then they probably won't build there because the proximity to the dairy. But if we kill the dairy then those parcels are ripe for development in the pristine valley of Maha'Ulepu. Common sense is not common and ignorance is bliss. Just spew out shallow thoughts without critical thinking. Lord, help us all.
Critical thinking aside, milk and ice cream are good for you.
I for one can not wait for those milk cows. Maybe if we go there they will let us drink it straight from the cows teet. That would be so cool. If they had offered this perk to locals before all the antis got their panties in a bunch maybe we would be drinking fresh milk right now. I for one am marching out there today and demanding some fresh milk.
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